part ii - contract clauses

DE-AC05-00OR22725
Modification No. 341
Section I
“Manufactured construction material” means any construction material that
is not unmanufactured construction material.
“Steel” means an alloy that includes at least 50 percent iron, between .02 and
2 percent carbon, and may include other elements.
“United States” means the 50 States, the District of Columbia, and outlying
areas.
“Unmanufactured construction material” means raw material brought to the
construction site for incorporation into the building or work that has not
been—
(i)
(ii)
Processed into a specific form and shape; or
Combined with other raw material to create a material that has different
properties than the properties of the individual raw materials.
(b)
Domestic preference.
(1) This clause implements—
(i)
(ii)
Section 1605 of the American Recovery and Reinvestment Act of
2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an
exception applies, that all iron, steel, and other manufactured goods
used as construction material in the project are produced in the United
States; and
The Buy American Act (41 U.S.C. 10a-10d) by providing a preference
for unmanufactured domestic construction material.
(2) The Contractor shall use only domestic construction material in performing
this contract, except as provided in paragraph (b)(3) and (b)(4) of this clause.
(3) This requirement does not apply to the construction material or components
listed by the Government as follows:
“none”
(4) The Contracting Officer may add other foreign construction material to the list
in paragraph (b)(3) of this clause if the Government determines that—
(i)
The cost of domestic construction material would be unreasonable.
DE-AC05-00OR22725 Section I—Page 108 of 276